HB 2159
AN ACT relating to the capacity of a minor to consent to certain treatment
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Expands the circumstances under which a minor can consent to medical, dental, psychological, and surgical treatment without parental permission. Specifically, it allows minors who are 16 or older and living separately from parents, managing their own finances, are pregnant, dealing with infectious diseases, addressing drug addiction, or are parents themselves with custody of a child to independently seek medical treatment. The changes aim to provide more healthcare autonomy for minors in certain life situations, taking effect on September 1, 2025.
Bill Text
relating to the capacity of a minor to consent to certain treatment for the minor or the minor's child. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Chapter 32, Family Code, is CHAPTER 32. CONSENT TO CERTAIN TREATMENT, CARE, AND SERVICES FOR [OF] CHILD BY NON-PARENT, MINOR PARENT, OR CHILD SECTION 2. Section 32.003(a), Family Code, is amended to (a) A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or (1) is on active duty with the armed services of the (A) 16 years of age or older and resides separate and apart from the child's parents, managing conservator, or guardian, with or without the consent of the parents, managing conservator, or guardian and regardless of the duration of the (B) managing the child's own financial affairs, regardless of the source of the income; (3) consents to the diagnosis and treatment of an infectious, contagious, or communicable disease that is required by law or a rule to be reported by the licensed physician or dentist to a local health officer or the Texas Department of Health, including all diseases within the scope of Section 81.041, Health and Safety (4) is unmarried and pregnant and consents to hospital, medical, or surgical treatment, other than abortion, (5) consents to examination and treatment for drug or chemical addiction, drug or chemical dependency, or any other condition directly related to drug or chemical use; (6) is unmarried, is the parent of a child, and has actual custody of that [his or her] child [and consents to medical, dental, psychological, or surgical treatment for the child]; or (7) is serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice, unless the treatment would constitute a prohibited practice under Section 164.052(a)(19), Occupations Code. SECTION 3. Subchapter A, Chapter 32, Family Code, is amended by adding Section 32.0031 to read as follows: Sec. 32.0031. CONSENT TO TREATMENT OF CHILD BY MINOR PARENT. A minor who is the parent of a child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the minor: (2) has actual custody of the child. SECTION 4. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the capacity of a minor to consent to certain treatment
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